P&Z Regular Meeting Staff Report - Russell Cook

TANEY COUNTY
PLANNING COMMISSION
TY DIVISION III STAFF REPORT

HEARING DATE: July 18, 2011

CASE NUMBER: 2011-0016

APPLICANT: Russell Cook – Branson Sports Entertainment
Complex

LOCATION: 689 High Mountain Drive, Ridgedale, MO. East of the
intersection of Thunderbird Road and U.S. Highway
65; Oliver Township, Sections 8,9 &17, Township 21,
Range 21.

REQUEST: The applicant is requesting to operate a motorsports
facility for automobile, motorcycle and BMX bike
racing, concerts, car or other trade shows, food, retail,
commercial, public events and faith based and
community gatherings.

BACKGROUND AND SITE HISTORY:
This site consists of approximately 809 acres currently containing a single-family
residence and has served as fully guided deer and elk hunting facility. On February 22,
2011 a Notice of Violation was sent to Russell Cook from the Missouri Department of
Natural Resources (MoDNR) concerning land disturbance activities of over one acre
without a Missouri State Operating Permit. On February 22, 2011Taney County Land
Disturbance Permit # 11-01 was obtained for the 75 acres of disturbance, with a
security of $750.00 per acre being submitted to the Planning Department. The
applicant has also received a Missouri State Operating Permit from the MoDNR for the
75 acre land disturbance. The Planning Staff has requested that the applicant amend
the Land Disturbance Permit and required security for the amount of land that has been
disturbed.

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PROJECT DESCRIPTION:
The proposed Branson Motorplex development will be located on a total of
approximately 809 acres. The proposed complex will showcase a three-quarter-mile
asphalt racetrack with seating for 65,000 spectators with provisions for future
expansion.
The applicant has stated that this proposed project will include:

• ¾ mile asphalt track suitable for all standards of racing
• Stadium seating for 65,000 fans
• A road course suitable for a variety of types of racing
• Luxury Suites
• Hospitality Village
• Media Center
• Concessions Concourse with food, beverage, gifts and other amenities
• Welcome plaza with areas for souvenir trailers, corporate displays and
entertainment
• Fan accessible infield which will contain garages for the race teams and technical
inspection facilities for the sanctioning bodies.
• RV and camping facilities for participants and fans
• Concerts, car shows, trade shows, food, retail, commercial development, public
events and faith based and community gatherings

ABSOLUTE & RELATIVE POLICY ANALYSIS:

1. Water Quality
Stormwater and Sediment & Erosion Control
The site does not fall within the FEMA Floodplain. The site drains
generally to an unnamed branch of Turkey Creek. The applicant’s
engineer has indicated that there is no significant concentrated flow from
upstream of this property. The applicant’s engineer has also stated that
Best Management Practices will be utilized so that the development will
not accelerate off-site stormwater runoff. The applicant has indicated that
he will provide a 200 foot wide riparian corridor along the unnamed branch
of Turkey Creek. This wooded corridor will be left undisturbed to help
protect the creek from erosion and sedimentation. On February 22, 2011
a Land Disturbance Permit was issued by the Taney County Planning
Department and the Missouri Department of Natural Resources (MoDNR)
allowing for the disturbance of 75 acres. The Planning Staff has
requested that the applicant amend the Land Disturbance Permit and
required security for the amount of land that has been disturbed. The
applicant’s engineer has indicated that his staff is conducting a survey of
both the graded and cleared area of the site. A new Land Disturbance
Permit was submitted to the Planning Department Office and the MoDNR
on July 14, 2011, along with the Stormwater Pollution Prevention Plan and
a letter from the applicant’s bonding company, stating that he is in the
process of working with the applicant to obtain a land reclamation bond.
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 The required bond amount will be $243,750 at $750 per acre of
disturbance. The applicant’s engineer has further stated that the project
will incorporate water quality measures into the design for both the
construction phase and also permanent measures including: bioswales,
rain gardens, bioretention basins, detention basins and grass buffer strips.

Sewage Disposal:
A sanitary sewage collection facility will be provided on the site which will
be connected to the Taney County Regional Sewer District via a proposed
trunk line to be constructed parallel with Turkey Creek. The trunk line will
connect to the City of Hollister Wastewater Treatment Plant. The sanitary
sewer main line will be dedicated to the public, with the collection lines
and laterals remaining private. On July 5, 2011 the Taney County
Regional Sewer District Board voted unanimously to enter into contract
negotiations with the BSEC to extend a trunk sewer within the Turkey
Creek Watershed.

2. Environmental Policies

Soil Limitations:
There are no known limitations based on the soils in the area.

Slopes:
The applicant’s engineer has stated that the developed area is designed
well below a 30% slope but has indicated that any area which exceeds a
30% slope will be designed by a licensed professional engineer with
demonstrated experience in the field of slope stabilization and will be
certified as creating no hazard of slope failure or excessive erosion. The
applicant has also indicated that all earthwork for the construction will be
monitored by a geotechnical engineering company. The areas which
exceed the 30% slope are generally scenic vistas, such as within the 200
foot wide riparian corridor which is being left undisturbed and protected.

Wildlife Habitat and Fisheries:
The developer has indicated that a 200 foot wide wildlife and riparian
corridor will be provided through the property along the unnamed branch
of Turkey Creek. There is no documentation of any protected wildlife
species located on the property.

Air Quality:
The applicant’s engineer has stated that the proposed development will
not have an effect on the overall air quality in the area. Taney County
does not fall within an air quality attainment area as defined by the EPA.

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3. Off-Site Nuisances
Noise:
The construction of the Motorplex will take advantage of the topography to
place the racetrack in a sixty-foot deep bowl-like configuration with the
surrounding terrain being at a higher elevation. This may help mitigate the
sound waves from the Motorplex complex. The existing, undisturbed trees
and vegetation in the area will tend to soften, mute and disrupt the sound
waves and help control noise levels. The staff is proposing that the sound
levels be both monitored and controlled off-site.
A sound analysis is currently underway. The applicant’s engineer has
indicated that this information will be presented at the public hearing.

Lighting:
The applicant’s engineer has stated that exterior lighting within the
Motorplex will be arranged to minimize light spillover onto any adjacent
property and so that lighting sources will be shaded, shielded or directed
so that the light intensity or brightness will not adversely affect adjoining
property.

4. Compatibility Factors
Use Compatibilty:
The proposed Motorplex is located in a rural area south of Hollister
between U.S. Highway 65 and the Branson Airport. Adjoining residential
areas to the north and east will be separated from the development by
distance and by maintaining the existing natural vegetation buffer which
will be left undisturbed. The primary area of concern is noise mitigation.

Lot Coverage, Building Bulk and Scale & Building Materials:
There is a considerable amount of open space within this development.
Conversely, the amount of building coverage is relatively small compared
to the overall size of the site.
The applicant’s engineer has indicated that the stadium seating will
exceed the 70 foot height limitation. However per the provisions of 4.12.3
of the Development Guidance Code structures many be erected
exceeding 70 feet, subject to the structure not lying within 300 feet of an
existing single family residence or within 200 feet of a multi-family
residence and when the maximum portion of the structure that may be
built below Base Plane shall not exceed 40% of the height of the structure.

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 Structural Screening of Rooftop Equipment and Vents:
The rooftops of the Motorplex buildings will be approximately 1,600 feet
from any public street or highway and approximately 1,700 feet from any
existing residential structure. It is doubtful that any rooftop equipment will
be noticeable from those locations. The applicant’s engineer has
indicated that all rooftop equipment or vents will be screened from sight
with parapet walls and other architectural screening.

Structural Screening of Solid Waste Containers:
The applicant’s engineer has indicated that the development will screen all
solid waste containers (i.e., dumpsters) from view by the public. Individual
trash cans within the racetrack area will be aesthetically appropriate and
will be located in plain sight of the participants to encourage use. The
applicant has further indicated that the development will utilize and
encourage a recycling program for the separation and responsible reuse
of waste materials.

Structural Screening of Outdoor Equipment, Storage, Etc.:
Outdoor storage of equipment or materials will be screened from street
level or placed inside buildings.

Landscaped Buffers - Nonresidential:
The applicant has indicated that bufferyards will be provided in
accordance with the standards found in Appendix J of the Taney County
Development Guidance Code both adjacent to public streets and
residential properties. Existing, natural vegetation in bufferyard areas will
be left whenever practicable, with additional vegetation being added
where natural vegetation is non-existent or insufficient to meet the
county’s bufferyard requirements. BSEC will be responsible for
maintaining and replanting the bufferyards in accordance with the original
design. The 200 foot wildlife and riparian corridor along the branch of
Turkey Creek will be left natural.

5. Local Economic Development

Right to Farm:
The proposed development will not limit the viability of any existing
agricultural uses.

Right to Operate:
The proposed development will not limit the viability of any existing
industrial operations.

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 Diversification and Economic Development:
The applicant has indicated that the Motorplex will create hundreds of
year-round jobs. The jobs created by the planning, design and
construction of the project include: architects, engineers, surveyors, skilled
construction workers, laborers, heavy equipment operators, material
suppliers, associated delivery and shipping personnel of the construction
materials. Secondary jobs related to supporting these workers include:
restaurants for meals, goods and services offered by local businesses and
other accommodations. The other component of job creation and
economic stimulus is the potential for growth in the surrounding area. The
expanded opportunities for business growth and development will result in
new jobs and a larger employment base.

6. Site Planning, Design, Occupancy
Provision will be made for common driveways, circulation and parking.
The applicant’s engineer has indicated that the off-street parking, including
handicapped access, will be provided to meet or exceed Taney County
standards. A portion of the parking area will be paved and striped while
the larger portion will be maintained as grass which will help reduce storm
water runoff and reduce the heat island effect of paved parking areas
during summer months. Treed walkways for pedestrians will provide
shade as well as communicate the divided circulation system. The
recreational vehicle parking area and camping areas will be designed in
accordance with Taney County standards.
This applicant has stated that he also plans to self-impose building codes
(current edition of International Building Codes) for all structures
constructed with this project and hire an independent third party for code
compliance review.

7. Commercial Development

Development Patterns:
The uses within the proposed development are clustered into one area,
rather than being located along a long strip of highway. All the uses will
share common access points to the highway and will share parking. The
development will function as a coherent unit rather than separate units
functioning at random.

Development Buffering:
The applicant has indicated that landscaped bufferyards will be provided
both by preserving existing vegetation and by adding vegetation adjacent
to public roads which will meet or exceed Taney County standards.

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8. Services – Capacity and Access

Traffic:
The applicant’s engineer has indicated that a traffic impact study is being
prepared and coordinated with MoDOT for the development. The
applicant has requested financial participation on a state and local level in
upgrading the existing transportation system and expanding it to provide
the necessary capacity. These transportation improvements include:

• Construction of a new access road to the Branson Airport.
• Constructing the three new interchanges previously called out in the
MoDOT Long Range Transportation Plan which will remove the
signalized intersections on U.S. Highway 65 at Highways 265 and 86
to allow the north and south bound traffic to continue without
interruption.
• Construction of the remaining portions of the U.S. Highway 65 east
outer road called out in the MoDOT Long Range Transportation Plan.
MoDOT has previously identified the aforementioned improvements within
their long range plans for the area. The applicant has stated that BSEC
will work in conjunction with MoDOT on a cost-share basis to advance the
construction of these projects. MoDOT has requested the submittal of
traffic impact study and employment projections. The applicant has been
in discussion concerning the proposed project with both the Missouri
Department of Economic Development and MoDOT.

Emergency Services:
The applicant has indicated that will a public safety building will be
constructed on site that will house fire, ambulance, sheriff and highway
patrol sub-stations. This facility will also house a traffic management
center (TMC). This TMC will serve to manage traffic during periods of
high traffic volumes to safely and efficiently manage traffic flow.

Right-of-way of Existing Roads:
The development has access to existing roads which have been identified
to need more substantial improvements the right-of-way will have to be
provided in accordance with MoDOT and Taney County standards.

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9. Internal Improvements

Water System Service:
The development will be served by a central water system permit by the
Missouri Department of Natural Resources (MODNR). Water for drinking
and fire protection will be provided by drilling multiple small wells, an
elevated storage tank and adequately sized distribution lines. The
applicant’s engineer has indicated that these facilities will be designed to
meet fire fighting requirements for storage and flow.

Emergency Water Supply:
The development will include fire hydrants capable of delivering adequate
firefighting pressures and flows throughout the development. Individual
buildings may be equipped with sprinkler systems as required. Fire
protection will be coordinated with the Western Taney County Fire District.

Pedestrian Circulation Infrastructure:
The applicant has indicated that the development will include adequate
internal sidewalks and pedestrian access to all facilities from the parking
lots and between facilities within the development to encourage pedestrian
access so that fans and visitors will not have to return to their vehicles to
move between venues and activities on the site.

Pedestrian Safety:
The applicant’s engineer has indicated that all sidewalks will be separated
from vehicular traffic to provide safe means of pedestrian access to all
facilities.

Parking and Loading Areas:
All parking spaces and loading areas will be provided in accordance with
the provisions of the Taney County Development Guidance Code. The
development will provide parking spaces based on the seating capacity of
the 65,000 seat stadium (one parking space for each 2.5 seats provided)
which would be the largest seating capacity within the development.

Bicycle Circulation:
Provision will be made for bicycle access and parking within the
development to allow the bicycling public to access the development in
safety and convenience.

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 Underground Utilities:
All utilities will be located underground. Electric service can be provided
by one of two providers. Letters indicating their ability and capacity to
provide service to this development have been provided to the Planning
Department.

10. Solid Waste Disposal
Solid waste will be collected on site in appropriate receptacles. The
developer will investigate the feasibility of providing for recycling within the
development. The developer will contract with a licensed waste removal
company for regular (weekly) disposal of all solid waste. A letter of intent
to provide solid waste disposal services has been provided to the Planning
Department.

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RECOMMENDATIONS:

If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance
Code and the Taney County Road Standards that include plans for the following:
a. Stormwater management (Appendix B Item 3)
b. Utility easements and building line setbacks (Table 12)
c. Improvements with scale of buildings, streets, onsite parking and
utilities.(Table 6)
d. A complete landscape and buffering plan showing the location, size and
planting materials for all buffer yards, both adjacent to public rights-of-way
and residential properties.
e. A lighting plan showing the location, height and other specifications on the
lighting to be provided for the development.
f. A traffic impact study shall be submitted to the Taney County Road and
Bridge Department.
g. An engineering public improvement plan shall be submitted to the Taney
County Road and Bridge Department prior to the construction of a new
access road to the Branson Airport.
2. Compliance letters from the Fire, Sewer and Water Districts, Missouri
Department of Transportation (MoDOT), Missouri Department of Natural
Resources (MoDNR), including all other entities which have requirements
governing a development of this nature.(Chapter VI-VII)
3. Prior to the issuance of Certificates of Conformance (C of Cs), the developer
shall upgrade the existing transportation system and provide the necessary
capacity to serve this development, as required by both Taney County and the
Missouri Department of Transportation (MoDOT). These transportation
improvements may include:

• Construction of a new access road to the Branson Airport.
• Constructing the three new interchanges previously called out in the
MoDOT Long Range Transportation Plan which will remove the
signalized intersections on U.S. Highway 65 at Highways 265 and 86
to allow the north and south bound traffic to continue without
interruption.
• Construction of the remaining portions of the U.S. Highway 65 east
outer road called out in the MoDOT Long Range Transportation Plan.
4. Prior to the issuance of Certificates of Conformance (C of Cs), the developer
shall install all of the required infrastructure improvements.

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 5. A 200 foot wildlife and riparian corridor shall remain along the branch of Turkey
Creek and shall be left in its natural state. Areas at the perimeter of the riparian
corridor shall require additional vegetative plantings where natural vegetation is
non-existent or insufficient to meet the county’s bufferyard requirements, as
found within the provisions of Appendix J of the Development Guidance Code.
6. A minimum of a 40 foot natural vegetative buffer, meeting all of the requirements
of Appendix J of the Taney County Development Guidance Code, shall be
established between the road course (including any accessory structures) and
the adjoining property to the west. The plantings shall be established per the
provisions of Table J-1 for commercial facilities.
7. Four (4) sound pressure (decibel levels) measuring stations shall be established,
located ½ mile from the center of the track. The location of these stations is to
be determined by Taney County based upon need.
8. Decibel readings shall be taken by an independent contractor and submitted to
Taney County. The independent contractor shall be specified by Taney County,
with the contractor’s fees being paid by the owner / operator of the Motorplex.
9. Decibel readings at any of the four (4) measuring stations shall not exceed a
sound pressure level of 68 decibels. The Certificate of Compliance shall be
suspended for any readings exceeding 68 decibels. A written notice of
suspension shall be served on the owner or operator of the development,
requiring that the development return to compliance within 60 calendar days or
be revoked. The Certificate of Compliance shall be revoked for any readings
exceeding 68 decibels within the 60 day non-compliance period. A fine of
$5000.00 shall be levied per each offence over 68 decibels. (The bolded
requirement was added to number 9 above, per an approved motion of the
Planning Commission at the Planning Commission Regular Meeting held on July
18, 2011)
10. Racing or concert events shall not begin before noon. Testing, practice or hot
laps shall not begin before 9:00 AM.
11. All light sources within the development shall be arranged so that no direct
illumination leaves the site toward adjacent residential areas or any roadways.
12. Due to the height and size of the stadium seating (in excess of the 70 foot height
limitation) the structure will be constructed in compliance with current edition of
International Building Codes, with an independent third party completing a code
compliance review.
13. No outside storage of equipment or solid waste materials.
14. This decision is subject to all existing easements.
15. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).

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 16. Prior to issuing Certificates of Compliance (C of Cs) a copy of the MoDNR
operating permit for the water supply shall be presented to the Taney County
Planning Department.
17. The required land reclamation bond shall be submitted to the Taney County
Planning Office, allowing for the issuance of a Land Disturbance Permit for 325
acres, ensuring compliance with the absolute policies of the Development
Guidance Code.
18. This Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).

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